R v MAFF ex parte Monsanto PLC, intervener Clayton Plant Protection Ltd Case C-306/98

3 May 2001

EC Directive on agrochemical products – Authorisation of generics. Judicial review proceedings concerning the validity of the grant under Directive 91/414/EEC of an agrochemical product licence to a generic producer. The ECJ upheld the validity of the grant of the generic licence under the transitional provisions of the Directive. Earlier proceedings in the Queen’s Bench Divisional Court concerning interim relief are reported at [1998] 4 All ER 321; [1999] FSR 223; the Divisional Court accepted undertakings proffered by Clayton to keep its sales under the disputed licence below ceiling figures until the case was dealt with by the ECJ.

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